The Pros and Cons of Investing in Real Estate Through a Real Estate Investment Trust (REIT) Litigation Finance Fund

Real estate investment trusts (REITs) have long been a popular choice for investors seeking exposure to the property market. However, a relatively new investment vehicle, the REIT Litigation Finance Fund, has emerged as an alternative way to invest in real estate. This article will explore the pros and cons of investing in real estate through a REIT Litigation Finance Fund, providing valuable insights for US real estate investors, homeowners, first-time home buyers, and real estate agents.

What is a REIT Litigation Finance Fund?

A REIT Litigation Finance Fund is a type of investment fund that specializes in financing legal disputes involving real estate properties. These funds provide capital to plaintiffs in exchange for a portion of any potential settlement or judgment. The fund’s primary goal is to generate returns for its investors by successfully resolving these disputes and collecting the proceeds.

Pros of Investing in a REIT Litigation Finance Fund

1. Diversification

  • Investing in a REIT Litigation Finance Fund can provide investors with exposure to a unique asset class, which can help diversify their overall investment portfolio.
  • These funds invest in a variety of real estate-related disputes, such as breach of contract, property damage, and construction defects, which can further diversify an investor’s real estate holdings.

2. Potential for High Returns

  • REIT Litigation Finance Funds can potentially generate high returns for investors, as successful legal disputes can result in significant settlements or judgments.
  • According to a study by legal analytics firm Lex Machina, the median damages awarded in real estate litigation cases in the US between 2009 and 2019 was $2.7 million, highlighting the potential for substantial returns.

3. Access to Expertise

  • REIT Litigation Finance Funds are typically managed by experienced legal and real estate professionals who have a deep understanding of the complexities involved in real estate litigation.
  • Investors can benefit from this expertise, as the fund managers are responsible for selecting and managing the legal disputes in which the fund invests.

4. Limited Correlation with Traditional Real Estate Investments

  • REIT Litigation Finance Funds have limited correlation with traditional real estate investments, such as direct property ownership or investments in publicly traded REITs.
  • This lack of correlation can help reduce overall portfolio risk and provide a potential hedge against downturns in the broader real estate market.

Cons of Investing in a REIT Litigation Finance Fund

1. High Risk

  • Investing in a REIT Litigation Finance Fund can be risky, as the success of the fund is dependent on the outcome of legal disputes, which can be uncertain and difficult to predict.
  • There is also the risk that the fund may not be able to collect on a settlement or judgment, even if the legal dispute is resolved in its favor.

2. Illiquidity

  • REIT Litigation Finance Funds are typically less liquid than traditional real estate investments, as they invest in legal disputes that can take years to resolve.
  • This illiquidity can make it difficult for investors to access their capital in the short term, which may not be suitable for those with shorter investment horizons.

3. Limited Track Record

  • As a relatively new investment vehicle, REIT Litigation Finance Funds have a limited track record, making it difficult for investors to assess their historical performance and potential for future returns.
  • However, as more funds enter the market and establish a track record, this issue may become less of a concern for investors.
  • REIT Litigation Finance Funds may be subject to regulatory and legal risks, as the industry is still relatively new and evolving.
  • Changes in regulations or legal precedents could impact the fund’s ability to invest in certain types of disputes or collect on settlements and judgments, potentially affecting investor returns.


Investing in a REIT Litigation Finance Fund can offer investors a unique opportunity to gain exposure to the real estate market while diversifying their portfolio and potentially generating high returns. However, this investment vehicle also comes with its share of risks, including the uncertainty of legal dispute outcomes, illiquidity, and regulatory and legal risks. As with any investment, it is essential for investors to carefully consider their risk tolerance, investment objectives, and the specific characteristics of a REIT Litigation Finance Fund before making an investment decision.

Kurby Team

The Kurby Content Team is a diverse group of seasoned real estate experts dedicated to providing insightful, reliable information for homebuyers, real estate investors, and real estate agents. With backgrounds ranging from real estate brokerage, property investment, and residential home buying, our team combines decades of experience with a passion for demystifying the real estate world. We at Kurby are committed to helping you make informed, successful real estate decisions. Whether you're a first-time homebuyer, a seasoned investor, or a real estate professional, count on the Kurby Content Team to deliver the most relevant, actionable real estate content you need.

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